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A domestic-violence conviction can affect Minnesota custody and parenting time, but the exact offense and circumstances matter. Some convictions trigger special requirements under section 518.179. Other cases are evaluated under the domestic-abuse, best-interest, and parenting-time provisions. A conviction is not an automatic termination of parental rights.
Obtain the judgment and sentencing documents before evaluating the effect. The general phrase “domestic violence conviction” does not identify the statute, offense level, victim relationship, or current restrictions.
When does Minnesota’s special conviction rule apply?
Section 518.179 applies to specified offenses when the person seeking custody or parenting time was convicted within the preceding five years, is currently incarcerated or under probation or supervised release for the offense, or the victim was a family or household member.
When it applies, the person must prove the requested custody or parenting time serves the child’s best interests. A family-or-household victim triggers a clear-and-convincing evidence standard, and a guardian ad litem must be appointed.
The offense list includes domestic assault by strangulation, first- through third-degree assault, terroristic threats, and other specified crimes. It also addresses similar federal or out-of-state crimes. It does not cover every offense simply because someone describes it as domestic violence.
The five-year condition is not a universal cutoff: the alternatives involving ongoing supervision or a family-or-household victim require separate review.
What if the conviction is not on that list?
That does not make the conduct irrelevant. Section 518.17 requires consideration of domestic abuse and the child’s best interests. Abuse between the parents creates a rebuttable presumption against joint legal and joint physical custody.
The court considers the nature and context of the abuse and its implications for parenting and the child. The special conviction rule and the broader domestic-abuse analysis are separate questions; both should be evaluated when relevant.
Our domestic abuse and custody overview explains the broader presumption.
Which criminal records should you bring to counsel?
- The judgment identifying the actual conviction statute and subdivision.
- The sentencing order and any amended conditions.
- Information about current incarceration, probation, or supervised release.
- Any DANCO or other contact restriction.
- Relevant records about the victim relationship and conduct at issue.
- Documents showing completion of specific court requirements.
Do not rely only on the original charge. The final conviction may differ from the accusation, and the difference can matter when applying a statute that lists particular offenses.
Does a conviction automatically require supervised parenting time?
Do not assume an identical result in every case. Section 518.175 addresses restrictions when the required findings are made, including supervision or complete denial when warranted. Section 518.179 may impose additional requirements when it applies.
A proposal should explain the protection requested and how it will work. Supervision during visits is different from supervision only at exchanges. The identity and availability of a proposed supervisor matter to whether the plan can actually be implemented.
Does completing treatment automatically restore parenting time?
No. Treatment or program-completion records may be relevant, but they do not themselves cancel a restriction or create a new parenting schedule.
Read the order for review procedures or conditions. Prepare evidence about compliance and the child’s current needs, and request relief through the appropriate process. Do not expand contact first and seek permission afterward.
What happens to a no-contact order after conviction?
Section 629.75 permits a domestic abuse no contact order in qualifying postconviction circumstances. A DANCO is independent of other probation or release conditions.
Review all current orders, their duration, and any permitted exceptions. Neither completing a class nor receiving an invitation from the protected person should be assumed to authorize prohibited contact.
If parenting arrangements conflict with restrictions, seek advice about which court must clarify or modify the order.
Can an existing custody order be changed after a conviction?
A request to change final custody must be evaluated under the applicable modification law, including section 518.18. Identify what changed, the relief requested, and the relevant procedural requirements.
A conviction does not by itself mean a filed motion has already changed custody. Temporary or emergency relief may require a separate request under the appropriate standard.
See our custody-modification forms guide for the distinction between custody and parenting-time requests.
What can a parent show when requesting safe contact?
Discuss evidence relevant to the actual legal burden with counsel. Useful preparation can include records of compliance, a realistic care plan, available supervision, transportation arrangements, and specific measures addressing the identified concern.
Focus on the child’s needs and the facts supporting the request. General promises, character labels, or a certificate alone do not explain how a proposed arrangement addresses risk.
Do not pressure the child, the other parent, or witnesses to support a proposed change. Preserve complete records and follow the existing restrictions while the request is evaluated.
Frequently asked questions
Does every domestic assault conviction trigger section 518.179?
No. The statute lists particular offenses and conditions. Check the exact conviction rather than assuming every domestic assault case is included.
Does a conviction stop mattering after five years?
Not automatically. Section 518.179 has alternative conditions, and the broader custody and parenting-time analysis may still consider relevant conduct.
Can a guardian ad litem be required?
Yes. Section 518.179 requires appointment when that section applies. Other appointment provisions may also be relevant in a particular case.
Does finishing probation automatically restore joint custody?
No. Ending supervision does not itself rewrite a custody order or establish that every applicable custody requirement has been met.
Review the exact conviction and current orders
Martine Law PLLC provides family-law services under the Martine Law brand. Request a consultation and bring the judgment, sentencing documents, and current parenting orders for review.
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This page provides general information about Minnesota law, not legal advice for your particular case.
For an overview of the law and how we help, see our Minnesota domestic assault defense page.
